Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission
Case: H V Ashok And H N Gopal and Other
Coram: Chief Justice Prasanna B Varale and Justice Krishna S Dixit
Case No.: Writ Appeal No. 1249 of 2023
Court Observation: The law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life. The State Election Commission and other Agencies associated with the election process should implement the directions of the Apex Court by issuing or incorporating requisite forms in the matter of elections to all Local Bodies in the State. This direction we are issuing so that purity in politics in general and purity in election process in particular is achieved.
The challenge to the order of the Election Tribunal was by invoking Article 227 of the Constitution of India, which vests a limited supervisory jurisdiction in the High Court, the other provision namely Article 226 having been ornamentally mentioned in the pleadings of the appellant herein who was the writ petitioner. Admittedly, the order annulling the election of the appellant was made by the statutory Tribunal that has been constituted, may be ex officio under the provisions of the Karnataka Panchayat Raj Act, 1993. Such challenges are essentially treated under Article 227 and not Article 226. If that be so, an intra-court appeal does not lie.
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Provide Form For Candidates To Disclose Pending Criminal Cases
